Inadequately maintained property can lead to personal injuries. If you were injured while visiting someone else’s property, the owner may be liable for the resulting damages.
Premises liability laws evaluate a visitor’s permission to be on the land as well as a proprietor’s actions to determine if the landowner is liable for an injury. Without a skilled attorney, you may not get the full value of your damages in a settlement. Our Pasadena premises liability lawyers can aggressively negotiate with the insurance companies to seek the compensation you need and deserve.
What Responsibilities do Property Owners Have to Protect Visitors?
Every property owner in Pasadena has a responsibility to keep visitors on their land reasonably safe from harm. However, the extent of this duty varies depending on whether or not a visitor has permission to enter the land and their motivations for doing so. Premises liability laws in Texas classify visitors into three categories: trespassers, licensees, and invitees.
Trespassers are those who enter land without the owner’s permission or overstay an invitation. The landowner must refrain from causing intentional or extremely reckless harm to a visitor. As a result, trespassers often have a difficult time prevailing in premises liability claims.
The second class of visitors is a licensee. Licensees have permission from the proprietor to enter the land for their own benefit. A typical example is a social guest at a barbecue. In this scenario, the landowner must warn visitors of all known hazards that may cause injury.
The third class of visitors is invitees. They have the greatest level of protection under premises liability laws. Invitees enter the land with the owner’s knowledge and permission for the mutual benefit of both parties. Examples of invitees are shoppers in a store and patrons at a movie theater. Landowners must warn guests of all known hazards as well as routinely inspect their property for any potentially dangerous conditions. An experienced attorney at Haines Law can explain Pasadena’s premises liability laws and determine if an injured visitor has a valid claim against a negligent landowner.
Common Premises Liability Claims and Proving Fault
A premises liability claim involves any injury that occurs because of a hazard on someone else’s land. One of the most common types is a slip and fall where failure to clear a temporary hazard causes a visitor to lose their footing and fall to the ground.
How Do Property Accidents Typically Arise?
Premises liability cases may arise from structural defects. Uneven stairs can cause a person to fall, or a loose hand railing can place a person with mobility issues at a higher risk for injury. Landowners must take steps to provide adequate lighting in corridors and maintain proper fire exits. Our premises liability attorneys in Pasadena know your rights under the law and can help demonstrate that a landowner should be liable for your injuries during settlement negotiations. An attorney could also help to refute allegations that you share some responsibility for the accident.
What is Comparative Negligence?
According to Texas Civil Practice & Remedy Code §33.003, courts must use the concept called modified comparative negligence to assign blame for premises liability claims.. This means that a court can reduce a plaintiff’s award by the percentage of blame the jury assigns to an injured party. If this percentage rises above 50, the court must dismiss the claim. This same concept applies to settlement talks with insurance companies. You need to have an experienced premises liability attorney on your side to demonstrate that a landowner was the party solely responsible for your injury.
Contact a Pasadena Premises Liability Lawyer Today
Unfortunately, injuries that occur as the result of a landowner failing to properly maintain their property are not uncommon. In such cases, plaintiffs must be able to show that they had protection under the law and that the landowner failed to provide this protection.
A Pasadena premises liability lawyer at Haines Law can explain your rights under the law and gather evidence proving the property owner’s fault. Contact Haines Law today to discuss your case.